In plain English
Requirements for witnesses and notarization vary by state. A notary does not advise on content.
Share copies with the doctor and the agent.
Why it matters
During an emergency, hospital staff look for a healthcare proxy to know who may speak for a patient. If the form lacks the witnesses or notarization the state calls for, staff may hesitate to rely on it at exactly the moment the family needs clarity.
Signing at a bedside is possible but stressful, and a very ill patient may not be able to take part. Completing the form while the person is well avoids that race against time.
Worked example
A patient names a daughter as proxy and signs before witnesses; a notary may be present as well.
What to do
- Get the form your state or the hospital provides and read its signing instructions.
- Ask the hospital, the form's source or an attorney whether witnesses, a notary or both are needed.
- Arrange witnesses who meet any limits printed on the form, such as not being the named agent.
- Have the person signing bring an unexpired photo ID.
- Give copies to the named agent, the primary doctor and the hospital records office.
Common mistakes
- Using the named agent as a witness can conflict with the form's instructions and weaken the document.
- Locking the only original in a safe deposit box can leave the family without it during an after hours emergency.
- Asking the notary to suggest who should be named or what limits to include puts the notary in a role they must refuse.
Not the same as: Living will
A healthcare proxy names a person to make medical decisions, while a living will records the signer's own wishes about treatment. See Living will.
Go deeper
- Healthcare Proxy and Medical POA: Signing Day Guide: A healthcare proxy names someone to make medical decisions. Learn who may witness, what the notary checks, and how to sign calmly in a care setting.
- Living Will Signing: Witnesses, ID and Notary Role: A living will states your wishes about medical treatment. See who can witness, what the notary does, and how to avoid errors that cause delays.
Related terms
- Jurat: A notarial act where the signer swears or affirms that the contents of the document are true and signs in front of the notary.
- Knowledge-based authentication (KBA): Identity questions drawn from the signer's records that only the signer should be able to answer.
- Guardian or conservator: A person a court appoints to make decisions or manage money for someone who cannot.
Common questions
What is a healthcare proxy?
A document naming someone to make medical decisions if the signer cannot.
Can you give an example of healthcare proxy?
A patient names a daughter as proxy and signs before witnesses; a notary may be present as well.
Can a notary come to a hospital room to notarize a healthcare proxy?
Many mobile notaries visit hospitals, and some hospitals have staff notaries. Confirm visiting hours, whether the patient is alert, and whether witnesses will be available.
Does a healthcare proxy from one state work in another?
Many states honor out of state forms, but rules differ. Ask an attorney or the hospital where care will be given.
General information, not legal advice. Rules vary by state and change; check with your state's commissioning office.